This bill prohibits states from issuing commercial driver's licenses to individuals who cannot prove lawful presence or state domicile, and imposes penalties on non-compliant states.
Jefferson Van Drew
Representative
NJ-2
The No CDLs for Illegals Act amends federal law to require proof of citizenship, lawful permanent residency, or valid work authorization for obtaining a commercial driver's license (CDL). It mandates that states use the SAVE system to verify the lawful presence of non-citizen applicants. Furthermore, the bill establishes penalties, including the suspension of federal transportation funds, for states that issue CDLs in violation of these new documentation and verification requirements.
The “No CDLs for Illegals Act” is zeroing in on the commercial driving industry, specifically targeting who can and can’t get behind the wheel of a big rig. This bill amends federal law (Section 31308 of title 49, U.S. Code) to make one thing absolutely clear: to get a Commercial Driver’s License (CDL), you must prove U.S. citizenship, lawful permanent resident status, or hold valid work authorization. If you’re a non-citizen applicant, the state issuing the license must run your details through the federal SAVE system (Systematic Alien Verification for Entitlements). If SAVE doesn't confirm your lawful presence, the license application must be denied. The bill also clamps down on state residency, prohibiting states from issuing a CDL to anyone not domiciled in that state.
This legislation drastically changes the relationship between states and the federal government regarding licensing. States are currently responsible for issuing CDLs, but this bill adds a high-stakes compliance check. The Secretary of Transportation is now required to review state CDL policies annually. If the Secretary determines a state issued an unauthorized CDL—meaning one that didn’t follow these new status verification rules—that state faces a serious penalty: suspension of federal highway funds received under Section 104(b) of title 23. For states relying on that money for road repairs, bridge maintenance, and major infrastructure projects, this is a massive financial threat. Funds only get reinstated once the state proves it’s fully compliant, effectively giving the federal DOT significant leverage over state licensing practices.
For the trucking industry, which is already struggling with driver shortages, this bill adds new layers of risk and compliance. The Secretary of Transportation must issue regulations establishing fines for trucking companies that knowingly hire drivers who don't possess a CDL that meets these new federal requirements. This puts the onus on employers to ensure not just that a driver has a license, but that the license was issued according to the new, stricter federal rules. Imagine a trucking company owner who hires a driver who appears to have a valid license, only to later find out the state’s verification process was flawed, or the driver’s status changed. That company could face substantial fines, increasing the administrative burden and legal risk for an industry that keeps the supply chain moving.
The most immediate impact will be felt by lawful permanent residents and non-citizens with valid work authorization who are seeking to enter the commercial driving field. While the bill allows for CDLs for those with work authorization, the mandatory reliance on the SAVE system means that any administrative delay, error, or backlog in the federal immigration verification process could stall or outright prevent a qualified applicant from getting the license they need for work. This is a real-world barrier to employment, especially in an industry that often serves as an economic entry point for immigrants. Furthermore, the threat to withhold federal highway funds is a serious concern for every resident of the targeted states—it’s not just the state government that loses money; it’s the local commuters, construction workers, and businesses that depend on reliable infrastructure funding.